HomeMy Public PortalAbout19790725 - Minutes - Board of Directors (BOD) Meeting 79-20
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
July 25, 1979 375 Distel Circle, D-1
Los Altos, CA
ROLL CALL
The meeting was called to order by President Shelley at 7 :46 P.M.
Members Present: Edward Shelley, Daniel Wendin, Harry Turner,
Katherine Duffy and Barbara Green.
Members Absent: Nonette Hanko and Richard Bishop.
Personnel Present: Herbert Grench, Jon Olson, Craig Britton,
Charlotte MacDonald, Jean Fiddes and Jennie George.
II. APPROVAL OF MINUTES
A. Minutes of June 13, 1979
B. Green requested the following corrections:
Page 9, under CLAIMS, remove the word "legal" and insert
the word "consultant" .
Page 2 , item VII, paragraph two, correction of spelling of
"Eminent Domain" .
D. Wendin requested the following corrections :
Page 2 , item VI, the word "vote" should be "Vato" .
Page 9 , item VIII , No. 1, the word "regarding" should be
inserted after the word "meeting" .
Mark Schneider, 12100 Skyline Boulevard, Los Gatos requested
a clarification on page 6, in the discussion portion of the
first motion. He suggested it should read "discussed re-
location indemnification aspects of the Restriction Agree-
ment attached to the report. "
H. Turner confirmed that M. Schneider' s requested changes
would be reflected in the July 25 , 1979 minutes.
Meeting 79-2u Page two
E. Shelley stated Board consensus that the minutes of
June 13, 1979 be approved as corrected.
III. WRITTEN COMMUNICATIONS
E. Shelley informed the Board and staff that they would
soon be receiving a letter from Julia Malek of the Pen-
insula Canine Corps , requesting use of District property
for a rescue meet on September 8 involving approximately
ten dogs. He obtained concurrence of the Board that the
letter be referred directly to the Dog Committee for review
and that the Committee should report back to the Board
before any action is taken.
IV. ADOPTION OF AGENDA
H. Grench requested a SPECIAL ORDERS OF THE DAY item be
added to the agenda for an introduction.
D. Wendin requested an item No. 5 , Scheduling of Regular
Board Meetings in August.
E. Shelley stated Board consensus that the above items be
added to the agenda.
V. ORAL COMMUNICATIONS
Robert Mark, 725 Cowper, Palo Alto reported that action
on AB 1930 Naylor has been delayed and another similar
bill, SB 1234 , which is worse has appeared. He said he
hoped the District's Legislative Committee would review it
and take action. He distributed copies of the bill.
VI. SPECIAL ORDERS OF THE DAY
J. Olson introduced Jean Fiddes who will be filling the
Land Management secretary position for the next five months.
VII. OLD BUSINESS WITH ACTION REQUESTED
A. Policies for Handling Legislative Matters
H. Grench introduced report R-79-30, dated July 3, 1979
stating that this item was being continued from the July
11 meeting and recommended that the Board adopt the proposed
policies to establish or affirm procedures for handling
legislative matters. He said that the diagrams are meant
to indicate the usual patterns that would be followed for
referrals and recommendations of legislative information.
R. Bishop arrived at 8 :00 P.M.
Meeting 79-2U Page three
R. Mark referred to No. 5, page two, and urged the Board to
consider their role in legislative matters .,somewhat more
broadly than was stated in that sentence.
H. Grench replied that the proposed policies are a re-
flection of the fact that Board and staff have limited
resources, time, money and energies available to pursue
all legislative issues, and only those legislative matters
that have a direct affect on the District's program should
receive Board and staff attention.
D. Wendin, referring to No. 4 , page two, recommended that
the word "very" be struck and "or powers" be added to the
end of the sentence.
Purusha Obluda, 31570 Page Mill Road, Palo Alto, referring
to SB 1243, asked why a governmental body should be exempt
from responsibility for damages to another individual when
an individual citizen can be held responsible. E. Shelley
responded that the question is not relevant to the discus-
sion, since the Board is not considering the SB 1234 matter
at the present time. P. Obluda replied that it will be
relevant when the District' s legislative committee con-
siders it.
H. Turner, referring to No. 4 , page two, recommended that
the modifiers be reversed to read "probably would" .
D. Wendin, referring to No. 4 , page two, recommended the
words "or material" be inserted after the word "direct" .
Motion: D. Wendin moved acceptance of the recommended
policies with the changes requested in No. 4 ,
page two. R. Bishop seconded the motion. The
motion passed unanimously.
Motion: E. Shelley moved that SB 1234 be referred to the
Legislative Committee. B. Green seconded the
motion. The motion passed unanimously.
VIII. NEW BUSINESS WITH ACTION REQUESTED
A. Review of Use and Management of Planning Area V (Saratoga.
Gap, Monte Bello and Long Ridge Open Space Preserves)
J. Olson introduced report (R-79-31) , dated July 19, 1979
regarding the Review of Use and Management of Planning
Area V (Saratoga Gap, Monte Bello and Long Ridge Open Space
Preserves) . He said he would review the status of each
site' s most recent use and management recommendations and
then give a current status and recommendation.
Meeting 79-2G Page four
J. Olson referred to item No. 1, b) , Long Ridge Open
Space Preserve, saying that staff would continue to work
to reduce District liability on that site. He said that
the California Department of Fish and Game would want
any draining of the pond to be done under their super-
vision, and should there be a future recommendation to
remove the dam, a CEQA report would need to be filed.
M. Schneider asked the following questions :
1. Who were the people in the boat on the pond at
at Long Ridge July 25 and why were two District
ranger vehicles present? E. Mart responded
that Fish and Game were conducting a census of
wildlife living in the pond and had requested
that two of the District rangers be present.
2. on page two, first paragraph, why had the language
been used regarding "those who have been swim-
ming in the area have threatened to vandalize
any equipment used to lower the water level?"
He added that when you accuse someone of some-
thing you say who they are and what you are
accusing them of. He asked for clarification.
He said he felt the statement creates a bad
situation and promotes a confrontation.
3. On page two, No. 2, what is the District' s phil-
osophy regarding the possibility of the pond
being used as an authorized swimming area? He
said that people have been swimming there for
the past 20 years and stopping them now would
lead to another confrontation. He recommended
that the District not pursue that plan, but
rather try to transfer the management and lia-
bility. J. Olson advised that the District' s
Basic Policy states that most of the District' s
money be spent for land acquisition and not on
development and patrolling and that swimming
areas were a substantial liability problem.
R. Bishop responded to M. Schneider' s second question by
saying that the reason the statement is in the report is
to warn the Board of the possibilities of what might hap-
pen in that area.
D. Wendin inquired of the possibility of transferring the
liability of the pond to Pacific School under a lease.
C. Britton responded that the District would probably not
get rid of all of its liability under such an arrangement.
D. Wendin reaffirmed that the District' s primary purpose
is to save open space and as a public agency has greater
liability problems than a private party.
Meeting 79-2u Page five
K. Duffy requested an assessment of the dimensions of the
liability should the matter of the use of the pond be returned
to the Board for consideration.
J. Olson reviewed the new recommendations for Saratoga Gap
and Monte Bello/Picchetti Ranch Area Open -Space Preserves.
C. Britton recommended that items f) and g) on page four be
referred to the Picchetti Winery Committee.
In response to K. Duffy' s concerns that the Board was adopting
policies regarding deferral of use of the Picchetti buildings,
H. Grench clarified that the Board was adopting the recom-
mendations in the report not the earlier text. He suggested
the addition of the words "and on the questions of deferring
action on this matter. " be added to the end of the sentence
in a) under New Use and Management Recommendations for
Picchetti Ranch for 1979/80.
D. Wendin recommended referring statement c) regarding es-
tablishing a staff and Board site committee to explore
potential uses of the buildings, to the Picchetti Winery
Committee for consideration at their meeting set for the
same night after the Regular Meeting.
J. Olson reviewed Monte Bello Open Space Preserve/McCone use
and management recommendations.
Motion: D. Wendin moved that the Board adopt the use and
management recommendations contained in report
R-79-31 with the changes recommended in item a) , page
four, under New Use and Mana ement Recommendations
for Picchetti-Ranch for 1979/80 and the referral
of items f) and g) , page four, to the Picchetti
Winery Committee for prompt review. K. Duffy
seconded the motion. The motion passed unanimously.
B. Revision of Authorized Signatories for District Accounts.
and Safe Deposit Box
H. Grench introduced memorandum (M-79-111) , dated July 17 ,
1979 regarding Revision of Authorized Signatories for
District Accounts and Safe Deposit Box and recommended
that the Board adopt the attached resolutions.
Motion: H. Turner moved adoption of Resolution 79-33, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Establishing Financial
Instrument Signatories of the District for Santa Clara
County Accounts. D. Wendin seconded the motion.
The motion passed unanimously.
Meeting 79-2u Page six
Motion: H. Turner moved adoption of Resolution 79-34, a
Resolution Authorizing Signing and Endorsing Checks
and Other Instruments (Wells Fargo Bank) . D. Wendin
seconded the motion. The motion passed unanimously.
Motion: H. Turner moved adoption of Resolution 79-35 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving Certificate
of Authority of Officers (United California Bank) .
D. Wendin seconded the motion. The motion passed
unanimously.
Motion: H. Turner moved adoption of Resolution 79-36 , a
Resolution Establishing New Specimen Signatures for
Signing and Endorsing Checks and Other Instruments
(Union Bank) . D. Wendin seconded the motion. The
motion passed unanimously.
Motion: H. Turner moved adoption of Resolution 79-37, a
Resolution Establishing Signatures for Entering Safe
Deposit Box (Wells Fargo Bank) . D. Wendin seconded
the motion. The motion passed unanimously.
C. Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Peace Officers
E. Mart introduced memorandum (M-79-112) , dated July 20, 1979
regarding Appointment of Peace Officers for District rangers
Katherine Boxer and Dennis Danielson. He noted a correction
of the Section number of the Penal Code changing the " (m) "
to if (1) .
Motion: D. Wendin moved adoption of Resolution 79-38 as
corrected, a Resolution of the Board of Directors
of the Midpeninsula Regional Open Space District
Appointing Peace Officer for Katherine Boxer and
Dennis Danielson. B. Green seconded the motion.
The motion passed unanimously.
D. Scheduling of Regular Board Meetings in August
E. Shelley recommended maintaining the August 8, and 22
meetings as scheduled subject to cancellation if there is
no business requiring Board action. The Board agreed by consensus.
IX. INFORMATIONAL REPORTS
1. H. Grench reported on the status of AB 8. He said
that the District' s Legislative Consultant is trying
to obtain the figures with regard to how much revenue
the District will receive in 79-80. He said it would
probably be at least 4% more than last year.
Meeting 79-2%. Page seven
2. J. Olson reported that the City of Mountain View has
made the Resident Naturalist of Deer Hollow Farm a
permanent city staff position, and the farm hand
position will be considered as a possible permanent
position in October.
3. J. Olson reported that Santa Clara County Parks De-
partment recently reviewed the preliminary master plan
for Rancho San Antonio Park. The plan returns to staff
for final preparation before presentation to the Board
of Supervisors and should be adopted by September or
October.
4. J. Olson announced that there would be a tour, by in-
vitation only, of the Fremont Older Ranch House on
August 9.
5. R. Bishop reported that the engineer is working in the
Hassler assessment district plan. D. Wendin asked
what steps remain after the engineer' s report is filed. R.
Bishop replied that the City Council sets the matter
for a public hearing and must give 30 days public notice
to all property owners of the proposed assessment so that
everyone knows what their assessment will be. The
purpose of the public hearing is to hear any protests
against the assessment district. This is a key hearing,
and the City Council listens to the protests and decides
whether to overrule the protests or to even change the
assessment district boundaries based on what they hear
at that meeting. The City Council has total authority
to accept, deny or modify.
X. CLAIMS
Motion: B. Green moved adoption of the Revised Claims (C-79-16)
dated July 25 , 1979. D. Wendin seconded the motion.
The motion passed unanimously.
XI . EXECUTIVE SESSION
The Board recessed to Executive Session at 9 :15 P.M.
XII . ADJOURNMENT
The Board reconvened at adjourn at 11:30 P.M.
XIII . PICCHETTI WINERY COMMITTEE
The Picchetti Winery Committee met.
Jennie George
Deputy District Clerk
CORRECTIONS TO MINUTES OF =�20
B. Minutes of July 25, 1979
B. Green stated Board consensus that the minutes of July 25, 1979 be
approved as presented.
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